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Health & Welfare Plans Newsletter
June 5, 2026
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💼 New Job Opportunity Today
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[Guidance Overview]
'Wellness' Doesn't Come Tax-Free: Promoters Keep Pushing Medical Indemnity Schemes Despite IRS Warnings
"The pattern is familiar: employees elect to reduce taxable wages through an Internal Revenue Code (IRC) Section 125 cafeteria plan; the employer uses those amounts to pay premiums for a fixed-indemnity healthcare policy; and the insurer pays a monthly 'wellness
benefit' regardless of actual medical expenses incurred by the employee to offset the reduced wages.... In June 2023, the IRS issued Chief Counsel Memorandum 202323006 concluding that such fixed-indemnity
"wellness" payments are taxable wages because they are not reimbursements of actual medical expenses within the meaning of IRC Section 105." MORE >>
Steptoe & Johnson LLP
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[Guidance Overview]
Federal Agencies Finalize Overhaul of No Surprises Act Dispute Resolution Process
"[The final rule] requires health insurers and plans (payers) to provide additional information on initial explanations of
benefits (EOBs), reduces administrative fees to $15 per party per dispute, expands batching requirements, and implements substantial procedural reforms to the open negotiation and IDR initiation processes. These changes represent the most comprehensive revisions to the federal IDR process since its inception in 2022." MORE >>
ArentFox Schiff LLP
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[Guidance Overview]
Understanding Employer Obligations Under Chicago's Updated Paid Leave and Paid Sick and Safe Leave Rules
"Chicago's updated rules (effective 06.01.26) clarify key aspects of its Paid Leave and Paid Sick and Safe Leave Ordinance, including compliance options, certification rules, and limits on sick leave use. The updated rules expand and define permissible uses and confirm
employers may use a combined PTO policy if it meets accrual, carryover, and other requirements. They also address areas such as discipline for misuse and joint employer and successor liability." MORE >>
Jackson Lewis P.C.
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DOL Signals Continued MHPAEA Enforcement Amid Rulemaking Reset
"[EBSA's] 2026 enforcement priorities emphasize conflicts of interest and fiduciary loyalty. Mental health coverage practices driven by cost-containment incentives may face increased scrutiny. MHPAEA comparative-analysis enforcement remains active. DOL and [CMS] continue
issuing requests, insufficiency findings, and noncompliance determinations involving network adequacy, prior authorization, reimbursement methodologies, and other access-to-care barriers." MORE >>
Arnall Golden Gregory LLP
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Changes to the PBM Market and the Value of a Pharmacy Benefits Expert
"A plan sponsor's success in managing pharmacy spend depends less on which PBM model it selects and more on the rigor of its contracting, governance and oversight. Several levers consistently generate meaningful savings." MORE >>
Employee Benefit News [EBN]; login required
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Most Enrolees Spend Less Than an Hour Choosing a Plan, as Satisfaction with Affordable Options Declines (PDF)
"About one-half spent less than one hour reviewing their options, and most spent under two hours. Automatic re-enrollment remained common among traditional plan enrollees.... Most adults reported being satisfied with the ease of plan selection and the information available to
them during open enrollment. However, satisfaction with the availability of affordable plan options and the number of plans to choose from declined in 2025[.]" MORE >>
Employee Benefit Research Institute [EBRI]
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Benefits in General |
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[Guidance Overview]
DOL's ERISA Enforcement: Spring 2026 Updates
"The Department's current leadership continues to state that it intends to move away from 'regulation by enforcement.' The Department recently announced updates to its official enforcement priorities, and some of the changes reflect material shifts. The Department
updated its statistics on its enforcement accomplishments. By examining trends related to these, it is possible to extrapolate some sense of how active enforcement has been, and likely future DOL priorities. The statistics suggest some slowing down of enforcement activities (or at least recoveries)." MORE >>
Morgan Lewis
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Employee Benefits Jobs
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Press Releases |
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Voya Investment Management Launches New Multi-Manager Alternative CITs
Voya Financial
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Last Issue's Most Popular Items |
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What's Next In Health Plan Fee Litigation?
Groom Law Group
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Where There's Smoke: How Plan Sponsors Can Guard Against Tobacco Surcharge Litigation
Lockton
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Agencies Finalize Extensive Modifications to Regs Implementing Surprise Billing IDR (PDF)
Thomson Reuters / EBIA
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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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